| | | | |  | | By Marianne LeVine | Presented by National Retail Federation | With help from Nicholas Wu ONE LAST ATTEMPT AT CRIMINAL JUSTICE REFORM: With only a few weeks left in the session, add a final push for reducing the federal sentencing disparity between crack cocaine and powder cocaine offenses to a long end-of-the-year to-do list. It's not proving easy. Sen. Cory Booker (D-N.J.), who is playing a leading role in the talks, declined to discuss the details Monday night, only saying "we're in a tough negotiation moment right now." He added: "I just want to make sure that I focus on doing what I can to get something over the line, as opposed to talking about strategy." There was some discussion about attaching a potential agreement onto the National Defense Authorization Act, but a GOP aide told Huddle that's no longer expected, leaving a broader end-of-the-year spending deal as the last option. While criminal justice reform advocates want to see that federal sentencing disparity completely eliminated, citing legislation that passed the House last year by an overwhelming margin, the current talks surround reducing the ratio from the current 18:1 to 2.5:1. But there are some key sticking points, especially over language from Sen. Chuck Grassley (R-Iowa) about the role of the Justice Department when it comes to applying the change retroactively. After Democrats rejected Grassley's proposal, negotiators are now discussing removing retroactivity altogether, according to a Democratic aide. But that's not expected to go over well with advocates. Kevin Ring, president of the criminal justice advocacy organization FAMM, said in an interview that it would be "immoral to pass a bill that did not provide relief to those whose sentences were so bad that it convinced Congress to change the law." GEORGIA ON OUR MIND: It's here: the 2022 midterms are finally coming to an end. Sen. Raphael Warnock (D-Ga.) and NFL star Herschel Walker will go head to head today in the Georgia run-off. Tonight's election results will determine whether Democrats will expand their majority to 51, or whether Senate Majority Leader Chuck Schumer (D-N.Y.) will have another two years leading a 50-50 Senate. Warnock has held a narrow lead in recent polling and Republicans are banking on high turnout from Walker supporters to win. It's worth noting that whichever party wins the seat will have a cushion going into 2024, when Democrats face a tougher map. And there is a notable difference between a 51-seat majority and a 50-50 majority. If Warnock holds on, Democrats will have actual majorities on committees, allowing President Joe Biden's nominees to be confirmed more easily. Holding a committee majority would also give Democrats the ability to use subpoena power without GOP support. In addition, moving anything along party-lines will no longer hinge on full attendance of the Democratic caucus. The Georgia run-off also marks the end to a midterm cycle where former President Donald Trump played kingmaker in several key Senate races. Trump was instrumental in getting Walker to run against Warnock and should Walker lose tonight, he'll join the ranks of Trump-backed Republican Senate candidates who lost in key battleground states this cycle. That list also includes Pennsylvania Senate GOP candidate Dr. Mehmet Oz and Arizona GOP Senate candidate Blake Masters. Trump also endorsed now Sens.elect- J.D. Vance in Ohio and Ted Budd in North Carolina. RELATED: "Warnock parties at a brewery and Walker at a gun range in Georgia runoff's final hours, " from POLITICO's Natalie Allison and Brittany Gibson; 5 Key Factors That Will Decide the Georgia Senate Runoff from the New York Times' Jonathan Weisman; "Georgia Runoff Is About Way More Than Herschel Walker's Lies" from the Daily Beast's Sam Brodey.
| | | | A message from National Retail Federation: The INFORM Consumers Act is a bipartisan solution to stop organized retail crime. It's supported by retailers, law enforcement organizations and consumer advocates alike. It's time for Congress to pass the INFORM Consumers Act — this year — and help keep our communities safe. Learn more here. | | | GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Tuesday, December 5, where your guest Huddle host wants recommendations for hiking in Dolly Sods . Send them my way! SPEAKING OF TRUMP: Senate Republicans are slowly distancing themselves from the former president, amid his latest call to terminate the Constitution and his meeting with antisemites. Few in the GOP are explicitly saying he shouldn't be the 2024 nominee, but many are openly hoping for a crowded primary. With polls showing that Florida Gov. Ron DeSantis is competitive with Trump, some think the former president may end up giving up on his campaign. "I just think, in the end, he will not end up running because [of] the polling," predicted retiring Sen. Rob Portman (R-Ohio). "The trend line is not positive." Meanwhile, Senate Minority Whip John Thune (R-S.D.) suggested that Trump's latest comments would motivate potential 2024 primary opponents, saying it will be "plenty of fodder for those that are looking to get into that race." Sen. Ben Sasse (R-Neb.), who voted to convict Trump in the former president's second impeachment trial, said Monday evening that Republicans: "have to decide: Do they want to keep giving oxygen to somebody who is trying to sell tickets to his own proprietary circus, or do they want to be a constitutional party that has a clear agenda." More here from Burgess and your fill-in Huddle host.
| | | | POLITICO APP USERS: UPGRADE YOUR APP BY DECEMBER 19! We recently upgraded the POLITICO app with a fresh look and improved features for easier access to POLITICO's scoops and groundbreaking reporting. Starting December 19, users will no longer have access to the previous version of the app. Update your app today to stay on top of essential political news, insights, and analysis from the best journalists in the business. UPDATE iOS APP – UPDATE ANDROID APP . | | | | | THE HOUSE-SENATE DIVIDE: IMPEACHMENT EDITION: As House conservatives want to go hard on impeachment next year, Senate Republicans aren't exactly eager to join them, Jordain reports this morning. Sen. John Cornyn (R-Texas) said he "hadn't really given any thought" to impeaching President Joe Biden or any of his cabinet members, and hasn't seen any actions that meet the bar for an impeachable offense. Sen. Mitt Romney (R-Utah), who voted to convict Trump twice, put it this way: "Someone has to commit a high crime or misdemeanor for that to be a valid inquiry. I haven't seen any accusation of that nature whatsoever. There are a lot of things I disagree with … but that doesn't rise to impeachment." Still, some Republicans aren't closed off to the idea, especially if House Republicans try to impeach Homeland Security Secretary Alejandro Mayorkas. Sen. Josh Hawley (R-Mo.) accused Mayorkas of being "unresponsive" and said "an impeachment there is probably warranted." But when it came to Biden himself, Hawley replied that while he's "not a fan…impeaching a president is a very, very, very high bar." More here. FIRST IN HUDDLE — The Congressional Progressive Caucus is teeing up its leadership elections for Thursday, with the group poised to bring a slate of new lawmakers into the fold. All of its slots are set to be unopposed except for its vice chair at-large, where five members/members-elect are going to be competing for four open slots: Reps. Cori Bush (D-Mo.), David Cicilline (D-R.I.), Jared Huffman (D-Calif.), Donald Norcross (D-N.J.) and Rep-elect Maxwell Frost (D-Fla.). Rep. Ilhan Omar (D-Minn.) is running unopposed to be CPC deputy chair and Rep-elect Greg Casar (D-Texas) is vying unopposed to be its whip. Rep. Pramila Jayapal (D-Wash.), is running unopposed for what will be her final stint as chair due to term limits (she's already served one term as co-chair and another as solo chair). She's pledged to use her last term to continue growing the caucus' influence and to help transition to a new leader, though her decision to seek another term had prompted some private grumbling from other Democrats.
| | | | A message from National Retail Federation:   | | | DIVERSITY CONCERNS — Two prominent Asian American Pacific Islander groups are raising concerns about staffer diversity heading into the new Congress. In a Monday letter, the Asian Pacific American Institute for Congressional Studies and the National Council of Asian Pacific Americans urged House and Senate leadership to elevate representation among staff. "Underrepresented communities like ours have made leaps and bounds over the past few decades with the election of racially diverse candidates to the highest levels of government. However, there is still a large gap that exists for staffers of color in Congress," said APAICS President and CEO Madalene Xuan-Trang Mielke in a statement. The two groups cited an Oct. 2022 study on 117th Congress House staff diversity by the Joint Center for Political and Economic Studies which there were no Asian Americans or Native Hawaiian/Pacific Islanders, biracial, Middle Eastern/North African, or Native Americans in the 41 committee staff director positions or the 20 top staff positions in either party's top leadership offices. OMNI CORNER: Talks on a broader end-of-the-year omnibus package appear to be heating up, as retiring Senate Appropriations Chair Patrick Leahy (D-Vt.) and ranking member Richard Shelby (R-Ala.) try to reach a one last deal in their final weeks in Congress. Leahy and Shelby had lunch with President Joe Biden at the White House on Monday, where they celebrated their retirement and discussed the lame duck. Meanwhile, Schumer and Senate Minority Leader Mitch McConnell (R-Ky.) met Monday afternoon off the Senate floor. Leahy and Shelby have traded offers but still need to reach a deal on top lines. And government funding runs out Dec. 16, making it increasingly likely that a short-term funding bill will be needed at least through Dec. 23. More here from Caitlin Emma and Nancy Vu.
| | | | JOIN WEDNESDAY FOR A POLITICO DISCUSSION ON THE NEW TRAVEL EXPERIENCE : Americans are now traveling in record numbers — but the travel experience has changed drastically in recent years, not always for the better. What lessons can we learn from the pandemic and different responses around the globe? And in the face of a possible recession, what will help the travel industry remain vibrant and deliver jobs? Join POLITICO on Dec. 7 for "The Travel Experience Redefined" to discuss these questions and more. Breakfast and coffee will be provided. REGISTER HERE . | | | | | QUICK LINKS "Congress working to strike last-minute immigration deals," from the Washington Post's Marianna Sotomayor, Liz Goodwin, Maria Sacchetti and Camila DeChalus at the Washington Post "Biden supports keeping vaccine mandate for troops, setting up fight with Congress," from POLITICO's Lara Seligman TODAY IN CONGRESS The House will meet at 9 a.m for legislative business. The Senate will meet at 10 a.m. and vote on two district court nominees.
| | | MONDAY'S WINNER: Ruth Simpson was the first to answer that the congressional override in 1845 of President John Tyler's veto of legislation to bar the authorization of the president of building Coast Guard ships without congressional approval led to Tyler's ouster from his party, the Whigs. TODAY'S QUESTION: Thinking of the holiday season, here's a question from your temporary Huddle host: When did Congress first create federal holidays and which ones made the initial list? (Hint: there were four.) The first person to correctly guess gets a mention in the next edition of Huddle. Send your answers to mlevine@politico.com GET HUDDLE emailed to your phone each morning. Follow Marianne on Twitter @marianne_levine .
| | | | A message from National Retail Federation: According to NRF's National Retail Security Survey, retailers reported an average 26.5% increase in organized retail crime last year alone. Retailers, consumer advocates and law enforcement organizations agree: Congress should pass the INFORM Consumers Act this year. This bipartisan bill will make it tougher for criminals to sell stolen goods online, while ensuring honest small businesses can use ecommerce to reach customers. Learn more here. | | | | | | | Follow us | | | | |
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